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(영문) 의정부지방법원 2017.09.21 2017고단2568
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2017, the Defendant driving a D-wing and D-III Cargo, D-Won 16:42, and led to turn to the left at a speed of about 5 km as soon as possible at the speed of about 5 km from the spo-pon plane of 8 Korean power-driven Ro-ro 146, Jin-si, Jin-si, Jin-si, Jin-si, to turn to the left at the speed of about 14 km.

Since there is no signal, there is a strongway for the driver of a motor vehicle, there is a duty of care to check whether there is a person who gets involved in driving the motor vehicle to reduce the speed and to see well the right and the right and the right of the motor vehicle and to drive it safely.

The Defendant did not discover the victim E (the remaining and 79 years old) who was passed from the Ro-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

On May 3, 2017, the Defendant’s negligence caused the death of the victim in the treatment of the victim due to cerebral tymosis in the medical hospital F on May 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident, on-site map, and on-site photograph;

1. A death diagnosis certificate, a postmortem report, or a photograph of a deceased person;

1. Application of the CD 1 statute

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to five years from a month of imprisonment without prison labor, the range of applicable sentences in law;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the scope of ordinary traffic accidents (the death of a traffic accident) [the person subject to special sentencing] mitigated elements: The area of mitigation of punishment [the scope of recommended punishment] mitigated areas (the determination of the recommended area] mitigated areas of punishment [the scope of recommended punishment] four months to one year.

3. The sentencing criteria are set in full view of various circumstances shown in the arguments of this case, such as the circumstances below the sentence, and the age, sex, environment, method and mode of the crime, and circumstances before and after the crime.

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